There are some decidedly un-GOG-like clauses in the EULA for HOMM3. Here's a few highlights:
This Licence is valid in the United States of America.
Actually, there are 3 separate EULAs. One for the US, one for the UK and one for Canada. Apparently, that's the only 3 countries where this may be sold.
THE MULTIMEDIA PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE ("DRM SOFTWARE"). IN SUCH CASE, THE USER HEREBY AGREES, ACKNOWLEDGES AND CONSENTS TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THAT THE INSTALLATION OF THE MULTIMEDIA PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON THE USER'S COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE MULTIMEDIA PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON THE USER'S COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE MULTIMEDIA PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL UBISOFT BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON THE USER'S COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE GAME.
Excuse me? Installation of DRM software, limited installations, undisclosed component installation and online authentication. I bought this on GOG, and I'm supposed to say I agree to this?
It is not permitted:
- To make copies of the Multimedia Product,
No backup, then?
- To transmit the Multimedia Product via a telephone network or any other electronic means, except during multi-player games on authorised networks,
Sooo, it's actually not allowed to sell it as a digital download?
This game incorporates technology of Massive Incorporated ("Massive") that, when activated, enable the presentation of in-game advertisements and other in-game objects which are uploaded temporarily to your personal computer or game console and changed during online game play. As part of this process, when Massive technology is activated, Massive may have access to your Internet Protocol address.
Huh? Somehow, I get the feeling that this EULA came from a completely different, much newer game. What exactly is going on here?
I realize that this EULA most likely does not actually apply to the GOG release in the least, but then, what is it doing in the installer?
I've sent this to support as well, but I'd be interested in hearing what thoughts the rest of you may have on this.

Probably because the game can't be distributed without one, even if it's one that doesn't apply or means anything anymore.
As for my thoughts on eulas,
"HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!"
sums it up nicely ;)

But you'd think that including one that was quite clearly bonkers, would do more harm than good to the whole EULA concept. Of course, I'm in favor of that, but I doubt Ubisoft is.
Well put. Very... eloquent ;-)

Maybe. But i suspect they really can't distribute the game without one, and updating the current one would probably cost time and money no one wants to spend, and lets' face it, updated eulas aren't a top priority for anyone, so they go with the one they have. It doesn't mean anything really, but this way no one is breaking any rules.
This is naturally my guess, as i'm not privy to what goes on behind the scenes of licensing deals ;)

Except that according to the EULA, GOG is breaking the rules.

I was talking about the rules of distributing the game without an EULA at all.
As for possible rules that gog could be breaking according to that EULA, i'm sure they won't get into any problems as the EULA is clearly outdaded and was not custom made to reflect the nature of gog's service. It's just there because it has to be there, but it's not enforcing anything. That's how i see it anyway.

I'm just worried that GOG might get into legal trouble over it one day. Even if the EULA is, as you say, not actually applicable, that is clearly not how it is meant to be interpreted. The whole reason, the ONLY reason, for including a EULA with a piece of software is that it applies to it. And advertising a piece of software as DRM free, and then, AFTER the customer has bought it, require them to agree to all the worst forms of DRM in order to install it, might very well be illegal, even if there isn't actually any DRM in the software.

I really don't know mate, i guess you could have a point.
Actually i'm kind of curious regarding what gog will say about it, so be sure to post when you hear back from support.

Will do, although I don't expect to hear from them until sometime in January. I think they're pretty busy at the moment, and lots of them are probably taking time off between Christmas and New Year's. I know I am.

The same EULA is used for M&M6 LE. Other Ubisoft games (at least those that I bought) have additional 'GOG-specific' EULA included.

They better be, setting up all those nice surprises i keep hearing about and everything ;)

Well, here's the initial reply:
I guess we'll hear more in January.
[EDIT] Hmm, another thing the quoting system can't handle.

The 'standart-document' thing makes sense and it's pretty much what i expected.
Thanks for posting back ;)
...Holliday trip...sigh. I wish i could have one on those...